Limitation Act, 1963 - Legal Disability (S 6,7,8)

Legal Disability

We know minors, insane or idiots are not capable of entering into contract. So is true about their capability to file a suit/application. These people are considered as legal disabled.

When there is a Limitation period, and person is legally disabled, then it would be unjust to not a give a chance once disability is removed. For example Mr X is insane so he cannot file a suit. But once he become sane he should be given a chance. 

Section 6,7 and 8 deals with legal disability. Section 7 and 8 are bit of technical nature. But don't worry. Hopefully images will make things clear.

First bit of introduction. There could be one legal disability say minor, or there could be two disabilities like minor and insane. 

Section 6 discusses when Limitation Period begins when there are disabilities. Disability could be single like "Arnab" is insane, or  could be multiple like "Arnab" is insane and idiot. There are some rules regarding it as to when Limitation Period begins and when suit can be file in case of disability

Additional rules as to disability

Section 6 can be summarized as below

Disability when there are multiple persons involved.

Section 7 of Limitation Act deals with computation of Limitation period when there are multiple people involved.

There are two scenarios discussed in section. 

First when one person is "OK", and others are disable then Limitation period will run against everyone. See below example.

Other case is when everybody is either minor, idiot or insane

Few other thing related to section 7

Provision of Special Exception under Section 8

First, this section states that section 6-7 will not be applicable for the suits to enforce rights of pre-emption.

Second, It prescribe maximum period of 3 years to file a suit/application once the disability ceases. This one is bit technical explained in image below.

Here LP mean Limitation period. "X" accrue right to file a suit in 2010.

Period Starts in 2010, ends in 2030. Various scenarios are discussed below

That's all about legal disability

Legalfundaa

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